Socio Store Developer Terms of Distribution
1. Area of Agreement
1.1 The Soc.io Mall (referred also as "Mall") accessible through the portal www.mall.soc.io is a service provided by EFERIO WIDE AB., a company incorporated in Sweden and having company number C 52202 (hereinafter known as "EFERIO WIDE AB").
1.2 In these Terms and Conditions, all references to "our", "us", "we" and any similar expression shall refer to EFERIO WIDE AB. All references to "your", "you" and any similar expression shall refer to our registered members. All references to each of the genders shall refer equally for both genders.
1.3 By accessing and using the www.mall.soc.io website, Developers (hereinafter known as the "Developer") and/or Content Providers (hereinafter known as the "Content Provider") has the opportunity to distribute their software, content, and digital material produced with the Android SDK for mobile devices (hereinafter known as âProductsâ) either free of charge or in return for payment.
1.4 For the purposes of these terms Developer shall be defined as an individual or a legal entity that is a creator of certain CONTENT that is posted for download on SOC.IO MALL either free of charge or in return for payment, who holds the copyrights and all other intellectual property rights for the developed CONTENT and is the original author of the CONTENT.
1.5 For the purposes of these terms Content Provider shall be defined as an individual or a legal entity who hold the rights for distribution and/or re-selling of vast databases of CONTENT and who are licensed by the authors of that CONTENT to do on their account or for their behalf.
1.6 EFERIO WIDE AB provides the means to the Developer and/or Content Provider to distribute Products through the Soc.io Mall subject to the terms and conditions of this agreement.
1.7 EFERIO WIDE AB reserves the right to change or amend these terms and conditions by releasing a written notice by e-mail to all Developers and/or Content Providers. If the Developer and/or Content Provider does not object to the amended or changed terms and conditions within 15 (fifteen) days of their release, the changed or amended terms become effective and the Developer and/or Content Provider shall be deemed of accepting and agreeing to all changes, amendments or modifications.
Provided that in the event that the Developer and/or Content Provider objects to the changes mentioned in this Clause within the stipulated period by sending a written notice explaining why he is objecting to such changes, the relation with the Developer and/or Content Provider and EFERIO WIDE AB under these terms and conditions shall, unless otherwise agreed by EFERIO WIDE AB be deemed as terminated on the date when the new changed or amended terms and conditions are deemed to come into effect and from that they forward if the Developer and/or Content Provider does not close its account on Soc.io Mall, the new terms and conditions shall apply automatically.
2. General Terms
2.1 Soc.io Mall offers to the Developer and/or Content Provider the opportunity to distribute their Products to registered users of Soc.io Mall ("Users"). This distribution via Soc.io Mall is only possible if the Developer and/or Content Provider has already registered an account with www.mall.soc.io and set up his or her personal Developer and/or Content Providerâs profile. EFERIO WIDE AB has the right to refuse a Developer and/or Content Providerâs registration without providing any reason whatsoever.
2.2 In case the Developer and/or Content Provider uses his/hers Soc.io Mall account for distribution of CONTENT free of charge EFERIO WIDE AB shall not additionally charge any fee. The revenue share and fees as well as taxes pursuant to this terms and conditions shall be applicable only for distribution of commercial CONTENT in return for payment.
2.3 Once the Developer and/or Content Provider are registered, he/she may offer their Products to customers via Soc.io Mall for download.
2.4 EFERIO WIDE AB reserves the right to change or improve the services of Soc.io Mall. The structure, interface, design and presentation, in all the complete look and brand posture of Soc.io Mall is the sole right and responsibility of EFERIO WIDE AB. The Developer and/or Content Provider have no claim to the specific positioning or ranking of his/her person or Products on the website.
3. Availability of Soc.io Mall
3.1 EFERIO WIDE AB strives to make the service of www.mall.soc.io continuously available during the contractâs entire duration, but may interrupt the service as it deems fit particularly for the purposes of maintenance, repair, or update activities.
3.2 EFERIO WIDE AB does not guarantee that Soc.io Mall shall be available without disruption and be error-free at all times. Interruptions of operation are possible.
4.1 In order for the Developer and/or Content Provider to be able to offer Products through Soc.io Mall, he/she shall
i. Indicate a name by which the Product is to be known;
ii. Indicate whether the Product will be licensed for a fee or be free of charge;
a. In the event that the Product will be subject to a fee, the Developer and/or Content Provider is to indicate the price by which the Product will be able to be downloaded.
b. The fee shall be denominated either in US Dollars ($) or Euro (â¬).
c. The Developer and/or Content Provider shall incur any expense relative to the exchange of currency of the payment from us to the Developer and/or Content Provider.
d. The Developer and/or Content Provider shall be entitled to an amount relating to 70% of the Price charged, less the expenses incurred as per Clause 4.1(ii)(c) above and any VAT (or other applicable taxes) which our service shall be subject to. Provided that we shall be entitled to modify at any time the amount payable to us.
e. The Developer and/or Content Provider further agrees that he/she shall not be entitled to any remuneration of any kind in the event thatÂ the Userâs transaction and payment is cancelled for any reason whatsoever or the payment is deemed to be fraudulent, EFERIO WIDE AB was obliged to refund the payment or a chargeback was made. When payment is already processed to Developer and/or Content Provider, EFERIO WIDE AB reserves the right to claim the paid amount back and the Developer/Content Provider agrees and accepts, to pay back the received remuneration within 30 days after refund, chargeback or fraudulent transaction will be reported by GIGAMARKET or to deduct the respective amount obtained on these grounds from any future payment made towards the Developer and the Content Provider;
f. In the event that the Product will be free of charge, no amount whatsoever shall be due to the Developer and/or Content Provider. Provided that if the Product is a trial version which will be subject to payment at the end of a particular period or after the attainment of certain targets, then the provisions applicable to priced Products shall apply according to the terms herein described in Section 4.2.
g. The Developer and/or Content Provider agree that the prices offered to EFERIO WIDE AB for the Products on SOC.IO MALL will be treated by us as full gross prices including all possible tax and other obligations that might arise from the sale of the Products in the countries of origin of the Developer and/or Content Provider and EFERIO WIDE AB shall not take any responsibility for payment of this obligations in your country of declared residence.
h. The Developer and/or Content Provider agree that all possible taxes and duties that might arise from commission charged by EFERIO WIDE AB for sales made of certain Products of the Developer and/or Content will be charged as supplementation to the commission, and they will be separately stated in the Invoice that the Developer and/or Content Provider will receive in each respective period when the payment will be performed.
iii. Submit a Product description, which shall honestly and truthfully explain and describe the product features, characteristics and requirements;
iv. Provide us with contact details in order for us to send to you any support or maintenance issues or problems that we have received and were reported to us by the end Users regarding your Products, along with a statement that the sole responsibility for maintenance and support issues shall exclusively be yours.
a. Further to the obligations contained herein, the Developer and/or Content Provider undertakes to inform EFERIO WIDE AB and any User who downloaded any Product immediately upon it being aware that any Product contains errors or malfunctions and provide them with any update to correct such error or malfunction;
v. Upload the Product in accordance with the terms and conditions and technical requirements of Soc.io Mall.
a. The Developer and/or Content Provider shall hereby confirm that he/she holds all the rights to be able to legally offer the Product and that the Product is free from any virus or malicious code.
4.2 We shall provide the Developer and/or Content Provider a statement indicating the amount of times that the Products that the Developer and/or Content Provider submitted were downloaded, by duly informing the Developer and/or Content Provider with the appropriate details for every calendar month, when applicable, through reporting system on the Soc.io Mall Developer and/or Content Provider Portal.
The payment method shall be executed as follows
a. Payouts to Developer and/or Content Provider will be made once a month;
b. In order the payout to be made automatically, the Developer and/or Content Provider needs to have accumulated minimum sum of 100 ($ /â¬);
c. The maximum period will be 6 months. After that EFERIO WIDE AB will make the payout regardless the accumulated amount.
All applicable taxes regarding the remuneration of the Developer and/or Content Provider for his/hers Product shall be borne by the Developer and/or Content Provider pursuant to national regulation in his/hers country of origin.
4.3 EFERIO WIDE AB reserves the right and may verify the accuracy of any information provided as per Clause 4.1 above.
4.4 EFERIO WIDE AB shall have the right to test all Products prior to making them available to the Users. If in the testing analysis EFERIO WIDE AB concludes that the Developer and/or Content Provider has to modify and/or correct certain issue accordingly in order the functionality of the Product to be enhanced and possible, the Developer and/or Content Provider needs to take those measures, otherwise EFERIO WIDE AB reserves the right to reject the Product from Soc.io Mall.
4.5 The Developer and/or Content Provider are expressing his/hers consent that the Services shall not be extended to providing, developing or placing Adult Content on Soc.io Mall.
4.6 Since Adult Content is not permitted on SOC.IO MALL, EFERIO WIDE AB reserves the right to ban, terminate and do not place for use or purchase on Soc.io Mall any Content which can be deemed as an Adult Content under applicable law without any liability towards the Developer and/or Content Provider.
4.7 The Developer and/or Content Provider are expressing his/hers consent that the Services shall not be extended to providing, developing or placing any gambling related content on Soc.io Mall.
4.8 Since Gambling related content is not permitted on SOC.IO MALL, EFERIO WIDE AB reserves the right to ban, terminate and do not place for use or purchase on Soc.io Mall any Content which can be deemed as an gambling related content without any liability towards the Developer and/or Content Provider.
4.9 The Developer and/or Content Provider accepts and agrees that the country that the Developer and/or Content Provider shall select in the process of registration shall be considered as the Developer and/or Content Providerâs resident country and EFERIO WIDE AB will count that country in its payment processes/methods during its cooperation with the Developer and/or Content Provider.
4.10 In case the Developer and/or Content Provider or any other Content Provider has concluded a separate individual agreement with EFERIO WIDE AB prior to this Terms the initial agrement in force between the Developer and/or Content Provider and EFERIO WIDE AB shall supersede and take precedance over these Terms.
4.11 All submitted applications are scanned from viruses, Trojans and any other kind of malicious software (malware) before they are approved and made available for download and purchase through the Mall. The Developer and/or Content Provider agrees and authorizes the inspection of the application files for malware protection purposes. If any application or application update is detected to contain malware or is suspected to contain malware, it will be rejected and the malware inspection report will be given to the developer.
5. Rights of Use / Copyright / Commercial Property Rights
5.1 The Developer and/or Content Provider grants EFERIO WIDE AB a non-exclusive, unrestricted and worldwide license, to use and license the Products in accordance with the terms of this Agreement. Without prejudice to the generality of the aforesaid, we shall be entitled to distribute, make available to the general public, display, and use the Products for management and demonstration purposes or in order to license such Products to the users in accordance with the operation and marketing of Soc.io Mall.
5.2 The Developer and/or Content Provider warrants that he possesses and holds all the rights, consents and approvals necessary to offer the Products in particular but not limited to copyright, branding, naming, and trademark rights and that any third-party content included or integrated in the Product is covered by the same rights as well as all other intellectual property rights. The Developer and/or Content Provider is solely responsible for ensuring and maintaining the required copyright rights, commercial property rights, and other rights related to the productâs distribution. The Developer and/or Content Provider will indemnify EFERIO WIDE AB and all its directors, agents and employees in full against any third party claim of infringement of intellectual property rights.
5.3 EFERIO WIDE AB grants the Developer and/or Content Provider a limited, non-exclusive, worldwide right to use Soc.io Mall trademark and brand name rights for the duration of this agreement for marketing purposes. These rights are limited exclusively to purposes of advertising products placed by the Developer and/or Content Provider on Soc.io Mall.
5.4 For the avoidance of any doubt, the license provided by EFERIO WIDE AB relating to the right of use as pursuant to Item 5.3. shall not be deemed to include any proprietary transfer of copyright, trademark or brand name or transfer of ownership of any intellectual property rights, which shall for all intents and purposes be retained by EFERIO WIDE AB.
6.1 The Developer and/or Content Provider acknowledge that Soc.io Mall provides the opportunity for Users to rate and provide comments on the Products available.
6.2 Ratings and comments made by customers shall not be verified or monitored by EFERIO WIDE AB. The Developer and/or Content Provider may report to EFERIO WIDE AB via email about any customerâs rating violating any legal laws or prohibitions, and/or public morality, and/or third-party rights.
7. Responsibility/Liability of the Developer and/or Content Provider
7.1 The Developer and/or Content Provider confirms and warrants that all information provided is complete and correct and that the product that the Developer and/or Content Provider is submitting to Soc.io Mall for download/purchase by the End User is fully functional and does not crashes during its usage. The Developer and/or Content Provider irrevocably undertake to inform EFERIO WIDE AB about any changes relating to any information provided. It is the Developer and/or Content Providerâs sole responsibility to keep all passwords related to Soc.io Mall confidential. The Developer and/or Content Provider shall be held liable for any damages to EFERIO WIDE AB caused by a breach of confidentiality as a result of unauthorized use of the Developer and/or Content Providerâs password by a third-party in order to participate in Soc.io Mall.
7.2 The Developer and/or Content Provider undertakes not to directly or indirectly do anything that could threaten, in its shape, form (eg. viruses), size and/or reproduction, the continued existence, operation or integrity of EFERIO WIDE ABâs data network.
7.3 The Developer and/or Content Provider accept and agree that this agreement is not applicable and enforceable to provisioning and development of Adult Content. The Developer and/or Content Provider warrants and undertakes not to offer any Product which form, content, and purpose violate any laws/prohibitions or public morality, be offensive or derogatory including but not limited to pornography, violence, or hateful content and/or display content that incites criminal acts or provides instructions on how to commit them.
7.4 The Developer and/or Content Provider accept and agree that this agreement is not applicable and enforceable to provisioning and development of gambling related content. The Developer and/or Content Provider warrants and undertakes not to offer any Product which form, content the wagering of money or something of material value as the stakes on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods.
7.5 In the case of a violation of any of the undertakings contained herein, EFERIO WIDE AB reserves the right to partially or completely remove the Developer and/or Content Providerâs products from the Internet and/or block the Developer and/or Content Providerâs access to Soc.io Mall. If the Developer and/or Content Provider are responsible for the violation of the previously-mentioned rules, he/she is liable for all compensations to EFERIO WIDE AB. for any resulting damages. The Developer and/or Content Provider will indemnify EFERIO WIDE AB and exempts EFERIO WIDE AB from any possible third-party claims resulting from such damages.
7.6 You are responsible to give the needed support and maintenance for your Products if we receive a report from the Users regarding functionality problems with our Product. We shall in such a case send to you any support or maintenance issues or problems that we have received and were reported to us by the end Users regarding your Products. EFERIO WIDE AB reserves the right to terminate this agreement and remove the developer and/or Content Provider account and Products from Soc.io Mall if you do not give the appropriate support and maintenance for your Products as well as to be compensated by you for any damages EFERIO WIDE AB may have towards third parties in the case hereby elaborated.
7.7 The Developer and/or Content Provider acknowledge and accept to be bound with the Terms and Conditions of EFERIO WIDE AB posted on SOC.IO MALL site.
7.8 The Developer has the right to remove a certain CONTENT form his/hers account.
8. Responsibility / Liability of EFERIO WIDE AB
8.1 EFERIO WIDE AB shall not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Developer and/or Content Provider for whatever reason.
8.2 In the event that the provisions of the afore mentioned Clause are deemed to be invalid by any Court of Law, the amount of damages that EFERIO WIDE AB shall be subject to shall be limited to the amount due to the Developer and/or Content Provider as payments for downloads pursuant to the terms of this Agreement.
9. Contract Duration / Termination
9.1 Unless terminated in accordance with the provisions of this Agreement, the terms of this Agreement remain effective indefinitely.
9.2 The contract may be terminated by both parties by sending a prior written notice (which for the avoidance of doubt may include an email) within a period of 30 days.
9.3 Without prejudice to anything contained in this Agreement, EFERIO WIDE AB has the right to terminate the Agreement with immediate effect in the event that the Developer and/or Content Provider receives negative ratings and does not meet the obligation for providing customer support for his/her products.
9.4 Upon termination of this Agreement EFERIO WIDE AB may but is not obliged to immediately delete the Developer and/or Content Providerâs data at the end of the contract.
10. Applicable Law / Dispute Resolution
10.1 This Agreement will be subject to Maltese Law. In the event of a dispute arising between EFERIO WIDE AB and the Developer and/or Content Provider, we will attempt to reach an agreed resolution amicably.
10.2 Should we not be able to reach an agreement with you or if you are not satisfied with the resolution of any such dispute you have the option to take the dispute to the Arbitration Centre in Sweden.
10.3 You irrevocably agree that the Arbitration Centre in Sweden shall have exclusive jurisdiction to hear and determine any dispute that might arise about the use of Soc.io Mall or your relationship with us. Use of Soc.io Mall and this Agreement shall be subject to the laws of Sweden.
11.2 The Developer and/or Content Provider also agree to adhere to the existing privacy protection conditions. The Developer and/or Content Provider agrees, in particular, to use, gather, and process Userâs personal data in accordance with all the applicable laws and regulations, as well as to inform the customer about using their personal data by obtaining the customerâs consent.
11.3 EFERIO WIDE AB may collect certain usage statistics from SOC.IO MALL due to improvement of our site and platform, which include but are not limited to information on how SOC.IO MALL is being used.
11.4 The Developer and/or Content Provider is required by law to protect, take care, properly store and do not abuse the personal data they might collect from end users in the process of application installment. The Developer and/or Content Provider shall be solely liable for any damage towards third parties regarding abuse of personal data.
12. Disclaimer and Limitation of Liability
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SOC.IO MALL IS MADE BY YOU ON YOUR SOLE RISK AND THAT THE MALL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
12.2 ANY CONTENT OBTAINED FROM SOC.IO MALL OR YOUR USE OF SOC.IO MALL IN GENERAL IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ON YOUR COMPUTER SYSTEM THAT MAY OCCUR OR ON OTHER DEVICE OR LOSS OF DATA THAT MAY RESULT OF SUCH USE.
12.3 THE DEVELOPER AND/OR CONTENT PROVIDER EXPRESSLY AGREE AND ACCEPT THAT EFERIO WIDE AB, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT EFERIO WIDE AB OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.